Government Notices

Judge Tosses Part Of Bellwether Lawsuit Against Fosamax

Date Published: Wednesday, August 31st, 2011

U.S. District Judge John Keenan has tossed part of a bellwether lawsuit filed by Linda Secrest saying that no reasonable jury could rule in her favor regarding punitive damages over the claim the Merck failed to warn consumers and physicians of the possibility of increased side effects of Fosamax.

Secrest claims that she used Fosamax from 1998 to 2005, which caused her to develop osteonecrosis of the jaw as well as other jaw and oral cavity problems.

Secrest’s lawsuit is the fourth Fosamax bellwether case heard by Judge Keenan, who is presiding over about 910 of the 1650 lawsuits filed against Fosamax. Keenan wrote in his decision that the plaintiff provided no evidence that her doctor would have stopped prescribing her Fosamax in 2004 and 2005 had Merck included a warning on its label.

Keenan also wrote that no reasonable jury would be able to award punitive damages based on the accusation that Merck breached any legal duty either intentionally, or with a “conscious disregard or indifference” to its customer’s health, Reuters reported.

Judge Tosses Part Of Bellwether Lawsuit Against Fosamax

Date Published: Wednesday, August 31st, 2011

U.S. District Judge John Keenan has tossed part of a bellwether lawsuit filed by Linda Secrest saying that no reasonable jury could rule in her favor regarding punitive damages over the claim the Merck failed to warn consumers and physicians of the possibility of increased side effects of Fosamax.

Secrest claims that she used Fosamax from 1998 to 2005, which caused her to develop osteonecrosis of the jaw as well as other jaw and oral cavity problems.

Secrest’s lawsuit is the fourth Fosamax bellwether case heard by Judge Keenan, who is presiding over about 910 of the 1650 lawsuits filed against Fosamax. Keenan wrote in his decision that the plaintiff provided no evidence that her doctor would have stopped prescribing her Fosamax in 2004 and 2005 had Merck included a warning on its label.

Keenan also wrote that no reasonable jury would be able to award punitive damages based on the accusation that Merck breached any legal duty either intentionally, or with a “conscious disregard or indifference” to its customer’s health, Reuters reported.

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